Definitions

Question 1

Define Intent to obtain

Answer 1

There are two specific types of intent. First, there must be an intent to commit the act and second, an intent to get a specific result

The defendant must intend to obtain, and he or she must intend to obtain by deception

Question 2

Define Obtain

Answer 2

Obtain S217 CA 61 – Obtain in relation to any person, means obtains or retain for himself or herself or any other person

Question 3

Define Property

Answer 3

Property S2 CA 61 – Property includes real and personal property, and any estate or interest in any real or personal property, money, electricity value and excludes privileges or benefits.

Question 4

Define Service

Answer 4

R v Cara – Service is limited to financial or economic value and excludes privileges or benefits.

Question 5

Define Pecuniary Advantage

Answer 5

Hayes v R – Pecuniary advantage is “anything that enhances the accused’s financial position. It is that enhancement which constitutes the element of advantage

Question 6

Define Valuable Consideration

Answer 6

Hayes v R – Valuable consideration is “anything capable of being valuable consideration whether of a monetary kind or any other kind, in short, money or money’s worth”

Question 7

Define Dishonestly

Answer 7

S217 CA 61 – In relation to an act or Omission, means done or omitted without a belief that there was expressed or implied consent to, or authority for, the act or omission from a person entitled to give such consent or authority.

Question 8

Define uses or attempts to use

Answer 8

Hayes v R - An unsuccessful use of a document is as much use as a successful one. An unsuccessful use must not be equated conceptually with an attempted one. The concept of attempt relates to use not to the ultimate obtaining of a pecuniary advantage, which is not a necessary element of the offence. Because the use does not have to be successful it may be difficult to draw a line between use and attempted use.

Question 9

What must the Crown prove for uses or attempts to use

Answer 9

The prosecution must prove that the offender used (Or attempted to use) the document with the intent to obtain the property, service, valuable consideration, pecuniary advantage.

Question 10

Define Claim of Right

Answer 10

Claim of Right S2 CA 61 – In relation to any act, means a belief at the time of the act in a proprietary or possessory right in property in relation to which the offence is alleged to have been committed, although the belief may be based on ignorance or mistake of fact or of any matter of law other than the enactment against which the offences is alleged to have been committed.

Question 11

Define Taking

Answer 11

Taking is not defined by statute, but for the purposes of this section can be used in conjunction with the definition of THEFT.
Section 219(4) CA61 – For tangible property, theft is committed by a TAKING when the offender moves the property or causes it to be moved.
Ownership, possession or control may be directly or indirectly obtained. Includes coming into possession of with, or without the consent of the owner

Question 12

Define Document

Answer 12

R v Misic - Essentially a document is a thing which provides evidence or information or serves as a record.

Question 13

Define Deception

Answer 13

S240(2) CA 61 – In this section Deception means (a) A false representation, whether oral, documentary, or by conduct where the person making the representation intent to deceive any other person and (i) Knows that it is false in a material particular OR (ii) is reckless as to whether it is false in a material particular OR (b) an omission to disclose a material particular, with intent to deceive any person, in circumstances where there is a duty to disclose it OR (c) a fraudulent device, trick, or stratagem used with intent to deceive any person

Question 14

Define Attempts

Answer 14

Section 72 CA61 (1) Everyone who, having an intent to commit an offence, does or omits an act for the purposes of accomplishing his object, is guilty of an attempt to commit the offence intended, whether in the circumstances it was possible to commit the offence or not.

Question 15

Define Control over

Answer 15

The oxford dictionary defines control as “The power of directing command”. Ordinary usage and the dictionary definition show that a defendant does not need to possess something in order to control it.

Question 16

Define Privilege/benefit

Answer 16

The words privilege or Benefit are not limited to a privilege or benefit of a pecuniary nature. Both of these words mean a special right or advantage.

Question 17

Define Debt or liability incurred

Answer 17

Debt means money owing from one person to another. Liability means a legally enforceable financial obligation to pay, such as the cost of a meal.

Question 18

Define Credit

Answer 18

Refer to the obligation on the debtor to pay or repay, and the time given for them to do so by the creditor.

Credit is intangible. Credit obtained must be in respect of a monetary obligation.

Question 19

Define Loss

Answer 19

The term loss is not defined by statue, but in most cases will involve financial detriment to the victim.

Question 20

Define debt or liability incurred

Answer 20

Debt means money owing from one person to another

Liability means a legally enforceable financial obligation to pay, such as the cost of a meal.

Question 21

Define Deliver over/execute/endorse/alter/accept

Answer 21

• Deliver over is to surrender up someone or something
• Execute is to put a course pf action in to effect
• Endorse is to write or sign on a document
• Alter is to change in character or composition, typically in a comparatively small but significant way
• Accept is to receive something

Question 22

Define uses

Answer 22

Can include a single action, such as handing over of a document to its intended recipeient, or the continuing use of a document.

Question 23

Define False Representation

Answer 23

Representation must be false, and the defendant must know or believe that it is false in a material, or be reckless whether it is false. Absolute certainty is not required and wilful blindness as to falsity of the statement will suffice

Question 24

Define Silence

Answer 24

Generally, silence or non-disclosure cannot be considered as false representation. However, there is an exception to the rule and relates to “Label Swapping”. Swapping a price tag for a cheaper price and allowing the checkout operator to scan and charge accordingly without informing them.

Question 25

Define Material Particular

Answer 25

Material particular is not defined in the CA. However can be given its usual definition of an important, essential or relevant detail or item.

Question 26

Define An omission to disclose a Material Particular

Answer 26

Refers to S240(2)(b) concerns an omission to disclose a material particular, with intent to deceive where there is a duty to disclose.

Question 27

Define Device, Trick, Stratagem

Answer 27

• Device: A plan, scheme or trick
• Trick: An action or scheme undertaken to fool, outwit or deceive.
• Stratagem: A cunning plan or scheme especially for deceiving an enemy or trickery.

Question 28

Define Ownership

Answer 28

Ownership is synonymous with title. A person parting with goods not only relinquishes possession to the other person, but also passes on a legal right of ownership to the goods. Ie Title

Question 29

Define Special Interest Lien

Answer 29

A garage can hold a contractors Lien over a vehicle until the owner pays the debt or voluntarily parts with the goods. The garage therefore has a special interest in the car.

Question 30

Define Control

Answer 30

To control something means to exercise authoritative or dominating influence or command over it. It is insufficient that the dishonestly obtained property was found at the premises of which the defendant had control. It MUST be proved that the defendant exercised some control over that particular property.

Question 31

Describe “Timing of intention to deceive”

Answer 31

The intention to deceive is essential and must exist AT THE TIME when the deception is perpetrated. So when credit is obtained, a later decision to not repay is insufficient. For example when someone’s enters a restaurant the intent to deceive must be when the defendant entered the restaurant or started their meal.

Question 32

Describe “Delay” or “Non payment of debt”

Answer 32

To incur a debt and then be unable to repay it through unforeseen circumstances, loss of money or oversight is NOT deceit. Intent to deceive is not present in these circumstances.

Question 33

Define Induces

Answer 33

To persuade, bring about or give rise to. False representation must be believed and that it was the consequence of this belief that the victim parted with his/her money.

Question 34

Define Causes

Answer 34

The act of the defendant must be the substantial and operative CAUSE of the delivery, of any document capable of deriving pecuniary advantage.

The accused must CAUSE the loss

Question 35

Define Deliver Over

Answer 35

Is to surrender up someone or something

Question 36

Define Execute

Answer 36

Is to put a course of action into effect

Question 37

Define Endorse

Answer 37

Is to write or sign on a document

Question 38

Define Alter

Answer 38

Is to change in character or composition, typically in a comparatively small but significant way.

Question 39

Define Accept

Answer 39

Is to receive something

Question 40

Define Thing

Answer 40

Thing must be a tangible thing and be capable of being used to derive a pecuniary advantage

Question 41

Define Title

Answer 41

Title simply means a legal right to the property.

Question 42

Define Voidable Title

Answer 42

A title obtained by deception, fraud, duress or misinterpretation is called a ‘voidable title’. This means that the title can be voided by the seller.
Until the title is voided, the defrauder has voidable title, and can confer good title on anyone who acquires the goods from him or her in good faith and for value

Question 43

Define Legal Title

Answer 43

Title obtained by means of false pretences is still LEGAL TITLE within S246(4) CA61

Question 44

Define Material Altercation

Answer 44

An altercation is a ‘Material Altercation” if it increases the value or negotiability of a document or instrument. A false document can be made by making alterations to a genuine document.

Question 45

Define Alteration

Answer 45

That a document is altered if it is changed in some manner

Question 46

Define Conceal

Answer 46

• The act of hiding a document
• The denial of its existence
• The withholding of it in the face of a positive duty to produce it

Question 47

Define Destroy

Answer 47

To end the existence of a document

Question 48

Define Reproduction

Answer 48

Producing a copy of, or representation of, or made in imitation.

Question 49

Define Cause, in relation to S258 CA61

Answer 49

The offender may CAUSE a document to be A C D either through arranging for the necessary actions by another person or by the use of a computer program or other device which will operate to A C D a document

Question 50

Define Access

Answer 50

In relation to any computer system, means instruct, communicate with, store data in, receive data from, or otherwise make use of any of the resources of the computer system.

Question 51

Define Authorisation

Answer 51

Includes an authorisation conferred on a person by or under an enactment ot a rule of law, or by an order of a court or judicial process.

Question 52

Define Computer System

Answer 52

(a) Means
(i) A computer or
(ii) 2 or more interconnected computers or
(iii) Any communication links between computers or to remote terminals or another device or
(iv) 2 or more interconnected computers combined with any communications links between computer or to remote terminals or any other device AND
(b) Includes any part of the items described in paragraphs (a) and all related input, output processing, storage, software or communication facilities and stored data.